$750.00 per song???
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Thread: $750.00 per song???

  1. #1
    The ******* Shadow dalek's Avatar
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    $750.00 per song???

    Wow, the RIAA sure got their pound of flesh from this person........

    Music downloader loses appeal
    Must pay $22,500 in damages
    By Tony Smith
    Published Monday 12th December 2005 11:58 GMT
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    The US Court of Appeals has rejected a Chicago woman's claim that she only downloaded music tracks to see whether she wanted to buy them.

    The Court told Cecilia Gonzalez, 29, she must pay the $22,500 damages won by the music industry at an earlier District Court hearing.

    At her appeal, Gonzalez' lawyers argued that her activities were permitted by copyright law. However, the court rejected such claims on the grounds that she had kept the downloaded copies of songs she did not intend to buy.

    "A copy downloaded, played and retained on one's hard drive for future use is a direct substitute for a purchased copy," the judges said. Gonzalez' argument is "no more relevant than a thief's contention that he shoplifted only 30 compact discs, planning to listen to them at home and pay later".

    Gonzalez was one of thousands of computer users sued by the Recording Industry Ass. of America (RIAA). She rejected a $3,500 settlement proposal, and was taken to court. There, the judge ruled she should pay $750 each for 30 songs she allegedly distributed over the Internet - a total of $22,500.
    Should have settled for the $3,500.00 (still over $100.00 bucks per song) maybe a little stiff...or are they trying to send a message (check the Judges bank account after this one
    ).

    http://www.theregister.co.uk/2005/12...peal_rejected/
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  2. #2
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    The US Copyright Law provides for up to 5 years in prison and $250k in fines - you can also be held civilly liable where they can ask for $100k PER INCIDENT... that makes $750 per song sound like a good deal

  3. #3
    Ass. of America (RIAA).
    Just sprayed coffee onto the keyboard..

    Anyhow i bet that she is spewing that she didn't take the proposed deal to settle matters out of court, and i wonder if she is able to get some sort of payment plan for this fine, or are they expecting the whole amount in a lump sum in cash..?..

    As i'm not into this whole p2p thing, i am finding it more and more amusing with each case of people going to court and getting taken to the cleaners..

    front2back

  4. #4
    The ******* Shadow dalek's Avatar
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    Where justice is supposedly blind, is there some sort of "means" test applied to individuals that the RIAA target.....

    Say if I drew down a 6 figure income, would my fine be on the high end of the scale, or if I was near poverty and could barely pay for the ISP charges would I get the same fine, at what point is the fine over doing it?

    You would think that possible jail time and a hefty fine on top of it would be enough of a deterrent to halt this practise, but on the contrary, it seems to keep on chugging along. Is this considered a misdemeanor or is it a felony, if it is a felony, then everyone caught should be placed in jails, right? (not that the prisons are overflowing or bursting at the seams as it is anyways).

    How much of this "witch hunting" is actually costing the Taxpayers (court time,court staff, judges)? What are the benefits of persecuting those that cannot hire a bank of lawyers to protect themselves,....... chump change.....the message is not getting through, as long as someone has internet access they are going to download what they want, when they want...

    Also, where it really hurts the most of course is "PR" for the recording industry, everyone loves an underdog, or a Robin Hood, the little guy getting it over the big guy (Mac over MS, etc)

    Heck that women who lost the judgement can probably write a book on how the RIAA went after her, and then there will be a made for TV movie on it and she will come out ahead, just gotta love "Capitalism".
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  5. #5
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    I can see both sides - I mean really...if the artists got no income since everyone was downloading britney couldn't afford her Gulfstream V right? Get real.

    This all amounts to the almighty dollar - artists need to be 'starving'. Said condition stirs their creative juices and incites them to produce better works. Perhaps if we starved a few they'd be able to produce something more entertaining than the corporate drivel that's been spewing out since the 1960's. I say let everyone download it as much as they want, no charge. Sure, Michael Jacko wouldn't be able to afford the legal team next time his child molestation charges came up, but hey...is he REALLY contributing anything anyway? C'mon.

    I'm thinking on changing my signature to:

    Steal a few songs today! Make these self-proclaimed idiots in the entertainment industry concentrate on something besides Bush bashing and Al Quaida sympathizing!
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  6. #6
    Senior Member nihil's Avatar
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    Well,

    There, the judge ruled she should pay $750 each for 30 songs she allegedly distributed over the Internet
    That is where she got caught................DISTRIBUTED ...............that was stupid, by making them publicly available she is openly flouting the law? By attempting a defence she is openly disobeying it?

    If I sent you songs individually and privately, they would have far less grounds to go on, in fact they would never detect it. These people are basically saying that "I do not agree with the law, so I shall break it"?..................drug dealers and child prostituters say the same, but take their sentences without whining.............................if you do not like the law, fine, you have a vote and elected representatives.................go use that fact

    No sympathy here............my verdict: "died of an overdose of stupidity"

  7. #7
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    Just like the theif who thinks and convinces himself...' I'm not hurting anyone, they'll just write it off on their taxes ' or ' they got millions, they can afford it ' etc...
    theft is theft...whatever excuse a person wants to give to try to excuse it...
    we're turning into a society where theft is becoming acceptable behaviour as long as we can find an excuse to try to justify it...
    in my opinion they're trying to send a message...and I think it's a good one.

    The message...

    If you steal...and you get caught...you have to pay!

    Unfortunately...for every time someone gets caught...they've probably gotten away with it hundreds of times before...so...penalties should be high...to make up for all the times a person didn't get caught.

    I don't want to raise my children thinking it's OK to steal...as long as you don't get caught, and you can justify it in your own mind...that, to me, is the wrong message to send.

    If you have to steal food to eat, that's one thing...stealing items that are luxuries ( eg, you want to have an extensive music collection ) is a whole different matter.

    Eg

  8. #8
    The ******* Shadow dalek's Avatar
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    Just like the theif who thinks and convinces himself...' I'm not hurting anyone, they'll just write it off on their taxes ' or ' they got millions, they can afford it ' etc...
    I believe if the general public could see more action gainst "White Collar Crime"(Enron is a start) then the overall attitude may change, but as long as joe schmoe sees the rich get off with a slap on the wrist, then why should they get a stiffer penalty, boils down to "Who you Know" and "Who you can Afford"................!

    Everyone knows that "OJ" did it, but heck thanks to some general distribution of monies, he got off

    I agree about teaching the kids right from wrong, and that downloading music can be considered "stealing", but you are missing one key ingredient to this and unfortunatley has the same name as the P2P programs......"Peers" if the other kids are doing it, then why can't I do it, and good luck convincing them that if "johnny wants to jump off of the bridge do you have to???" been there done that got the T-shirt...

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  9. #9
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    I do not download music or allow my children to for that matter....I have several friends who make thier living off music royalties

    But they go to thier daddys and burn thier own compilation cds off his vast music library stored on 2 terabytes of harddrive space....using his Mac

    Every cd he owns is backed up to those hard drives and the system is actually mirrored at another site....impressive setup..i must say. He doesnot share this on the internet...and uses it for his own purpose. He makes compilations of music every christmas to give to his friends and family...and AFAIK...that is still legal in Canada.

    Its like when we used to make mixed tapes from our album collections....

    Now if he shared that vast library on the internet...that would be illegal

    I have taught my children ...because daddy has gone out an purchased these cds already...they are not "stealing"....but if they were to sell those cds...they would be.

    Being brought up in the Canadian music industry...they understand...when you buy a cd..it supports the artist,...as well as licensed merch at concerts...sure you can get that Avril poster outside the gates for a dollar....but you are stealing from the artist when you do that

    I think they get it......(I hope)

    MLF
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    Unfortunately...for every time someone gets caught...they've probably gotten away with it hundreds of times before...so...penalties should be high...to make up for all the times a person didn't get caught.
    Hey there Egaladeist that would be a long time since I know that most likely each and everyone of us has broken the law before .... But yet we fail to realise that ... So lets all walk to our local jail hand ourselves in and sing Hakuna Matata while we're at it ...

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